Patna High Court

Md. Intezarul Haque @ Intezarul Haque @ IntezarulversusThe State of Bihar

Decided: 24 February 2026
Disposal: BAIL REJECTED
Bench: PRABHAT KUMAR SINGH

Holding

Anticipatory bail was denied to the petitioner.

Summary

The petitioner, Md. Intezarul Haque, sought anticipatory bail fearing arrest in a case alleging that he deceived a minor by promising marriage, had sexual relations with her, and later refused to marry. The prosecution alleged offences under Sections 137, 96, 64(1) and 303(2) of the B.N.S. and Sections 4 and 8 of the POCSO Act, supported by the victim’s statement recorded under Sections 180 and 183 of the B.N.S.S., which identified the victim as 17 years old at the time of the incident. The petitioner claimed innocence, clean antecedents and that the allegations were false. The State opposed bail, emphasizing the specific and grave nature of the accusations and the victim’s testimony. The Court, after considering the seriousness of the offences, the direct accusations, and the victim’s age, rejected the petition for anticipatory bail.

Issues considered

Whether anticipatory bail should be granted to the petitioner in view of the alleged offences under the B.N.S. and POCSO Act.

Legislation cited

B.N.S. — s. 137, 303(2), 64(1), 96
B.N.S.S. — s. 180, 183
POCSO Act — s. 4, 8

Subjects

anticipatory bail
false promise of marriage
sexual intercourse with minor
POCSO Act
criminal law
age of consent

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.12200 of 2026

                    Arising Out of PS. Case No.-187 Year-2025 Thana- JAGDISHPUR District- Bhagalpur
                 ======================================================
                 Md. Intezarul Haque @ Intezarul Haque @ Intezarul S/O Md. Enamul Haque
                 @ Enamul Haque @ Md. Neyamul Haque R/O Village- Dogachhi, Baijani,
                 P.S- Bypass, Distt.- Bhagalpur- 813112.

                                                                                  ... ... Petitioner/s
                                                       Versus

           1.    The State of Bihar
           2.    X W/O Y R/O Village- Makhna (near Masjid), P.S- Jagdishpur, P.O-
                 Baluachak, Distt.- Bhagalpur- 812005.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner      :        Mr. Rana Hason, Advocate
                 For the State           :        Mr. Shyam Kumar Singh, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE PRABHAT KUMAR SINGH
                                       ORAL ORDER

2   24-02-2026                  Heard learned counsel appearing on behalf of the

                   petitioner and learned APP appearing on behalf of the State.

                                2. The petitioner apprehends his arrest in a case

                   registered for the offence punishable under Sections 137, 96,

                   64(1) and 303(2) of the B.N.S. and Sections 4 and 8 of the

                   POCSO Act.

                                3. As per prosecution case, it is alleged that on the

                   false promise of marriage, this petitioner established physical

                   relations with the minor daughter of informant and thereafter,

                   refused to solemnize marriage.
Patna High Court CR. MISC. No.12200 of 2026(2) dt.24-02-2026
                                            2/3




                       4. It is submitted by learned counsel appearing on

          behalf of the petitioner that petitioner is quite innocent and has

          committed no offence. Petitioner has falsely been implicated in

          this case with ulterior motive. Petitioner claims clean

          antecedents.

                       5. On the other hand, learned A.P.P. for the State has

          vehemently opposed the prayer for grant of anticipatory bail to

          the petitioner and submitted that petitioner is named in the F.I.R.

          and there is specific accusation that on the false pretext of

          marriage, this petitioner established physical relations with

          minor daughter of informant and later on, refused to solemnize

          marriage. The victim in her statement recorded under Sections

          180 and 183 of the B.N.S.S. has supported the prosecution case

          and has stated that this petitioner established physical relations

          with her on the false promise of marriage. The learned trial

          court has assessed the age of victim on the date of occurrence as

          17 years.

                       6. Considering the facts and circumstances of the

          case, specific and direct nature of accusation, gravity of offence,

          statement of the victim recorded under Sections 180 and 183 of

          the B.N.S.S. and age of the victim, the prayer for grant of
             Patna High Court CR. MISC. No.12200 of 2026(2) dt.24-02-2026
                                                         3/3




                       anticipatory bail to the petitioner is rejected.



                                             (Prabhat Kumar Singh, J)
shashank/-

U      T

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